NextGenNews Terms of Service

SERVICES PROVIDED. NEXTGENNEWS OPERATES AN ONLINE, COMPUTERIZED
INTERACTIVE INFORMATION, COMMUNICATION AND TRANSACTION SYSTEM (THE
"SYSTEM") WHICH PROVIDES ACCESS TO USENET AND THE INTERNET.
NEXTGENNEWS WILL PROVIDE TO CUSTOMER THE SERVICES (THE "SERVICES").
THE TERM "CUSTOMER" SHALL, WHEN THE CONTEXT PERMITS, INCLUDE
CUSTOMER'S OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS. CUSTOMER
WILL NOT PERMIT ACCESS TO THE SYSTEM BY USERS UNDER THE AGE OF 18
YEARS. NEXTGENNEWS ENFORCES A ZERO-TOLERANCE SPAM POLICY REGARDING
OUR USERS POSTS TO USENET THROUGH OUR NETWORK. IT IS THE SOLE
DISCRETION OF NEXTGENNEWS TO DETERMINE IF A USER'S POSTS ARE
CONSIDERED SPAM. IF NEXTGENNEWS HAS DETERMINED THAT A USER HAS
POSTED 1 OR MORE ARTICLES OF SPAM, THAT USER WILL BE CHARGED A $500
PER HOUR CLEAN-UP FEE AND THE USER'S ACCOUNT WILL BE CANCELED
IMMEDIATELY WITH NO REFUNDS AND ALL REASONABLE EFFORTS WILL BE MADE
BY NEXTGENNEWS TO PREVENT THE USER FROM USING OUR NETWORK ANYTIME
THEREAFTER.

CUSTOMER SHALL NOT USE THE SYSTEM TO POST OR TRANSMIT ANY
ILLEGAL MATERIAL, INCLUDING WITHOUT LIMITATION ANY TRANSMISSIONS
THAT WOULD CONSTITUTE A CRIMINAL OFFENSE, GIVE RISE TO CIVIL
LIABILITY, OR OTHERWISE VIOLATE ANY LOCAL, STATE, NATIONAL OR
INTERNATIONAL LAW OR REGULATION.

CUSTOMER SHALL NOT UPLOAD, POST, PUBLISH, TRANSMIT, REPRODUCE,
OR DISTRIBUTE IN ANY WAY, INFORMATION, SOFTWARE OR OTHER MATERIAL
OBTAINED THROUGH THE SYSTEM WHICH IS PROTECTED BY COPYRIGHT OR
OTHER PROPRIETARY RIGHT OR DERIVATIVE WORKS WITH RESPECT THERETO,
WITHOUT OBTAINING PERMISSION OF THE COPYRIGHT OWNER OR RIGHTHOLDER
AND SHALL NOT UPLOAD, POST, PUBLISH, REPRODUCE, TRANSMIT OR
DISTRIBUTE IN ANY WAY ANY COMPONENT OF THE SYSTEM ITSELF OR
DERIVATIVE WORKS WITH RESPECT THERETO.

NEXTGENNEWS HAS NO OBLIGATION TO MONITOR OR REMOVE INFORMATION
ON THE SYSTEM AND CUSTOMER ACKNOWLEDGES THAT POSTINGS AND
COMMUNICATIONS BY OTHER USERS ARE NOT REVIEWED, MONITORED,
SCREENED, APPROVED OR ENDORSED BY NEXTGENNEWS. CUSTOMER UNDERSTANDS
THAT THE SYSTEM IS PUBLIC AND NOT PRIVATE. CUSTOMERS AGREES THAT
NEXTGENNEWS HAS THE RIGHT TO MONITOR THE SYSTEM ELECTRONICALLY FROM
TIME TO TIME AND TO DISCLOSE ANY INFORMATION AS NECESSARY TO
SATISFY ANY LAW, REGULATION OR OTHER GOVERNMENTAL REQUEST, TO
OPERATE THE SYSTEM PROPERLY, OR TO PROTECT ITSELF OR ITS USERS.

DISCLAIMER OF WARRANTY. CUSTOMER EXPRESSLY AGREES THAT USE OF
THE SERVICES AND THE SYSTEM AND THE MATERIAL THEREIN AND STORAGE OF
INFORMATION WHICH APPEARS IN THE SYSTEM IS AT CUSTOMER'S SOLE RISK.
THE SERVICES AND THE SYSTEM ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR
NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR USE OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ADVICE
OR INFORMATION GIVEN BY NEXTGENNEWS, ITS CONTRACTORS, AGENTS,
AFFILIATES OR VENDORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A
WARRANTY.

INDEMNITY. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD
NEXTGENNEWS, ITS AFFILIATES, CONTRACTORS, AGENTS, VENDORS AND THEIR
RESPECTIVE EMPLOYEES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS
AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RELATED TO OR
ARISING FROM: (A) ANY VIOLATION OF THIS AGREEMENT BY CUSTOMER, (B)
THE USE OF THE SYSTEM OR THE INTERNET OR USENET OR THE PLACEMENT OR
TRANSMISSION OF ANY MESSAGE, INFORMATION, SOFTWARE OR OTHER
MATERIALS ON THE SYSTEM OR THE INTERNET OR USENET BY CUSTOMER, (C)
ACTS OR OMISSIONS OF CUSTOMER IN CONNECTION WITH THE CONSTRUCTION,
INSTALLATION, MAINTENANCE, PRESENCE, USE OR REMOVAL OF SYSTEMS,
CHANNELS, OR TERMINAL EQUIPMENT OR SOFTWARE NOT PROVIDED BY
NEXTGENNEWS WHICH ARE CONNECTED OR ARE TO BE CONNECTED TO THE
SYSTEM; AND (D) CLAIMS FOR INFRINGEMENT OF PATENTS ARISING FROM THE
USE OF EQUIPMENT AND SOFTWARE, APPARATUS AND SYSTEMS NOT PROVIDED
BY NEXTGENNEWS IN CONNECTION WITH THE SERVICES AND THE SYSTEM.

RIGHT TO RESTRICT ACCESS. NEXTGENNEWS MAY DENY CUSTOMER ACCESS
TO ALL OR PART OF THE SYSTEM WITHOUT NOTICE IF CUSTOMER ENGAGES IN
ANY CONDUCT OR ACTIVITIES THAT NEXTGENNEWS IN ITS SOLE DISCRETION
BELIEVES VIOLATES ANY OF THE TERMS AND CONDITIONS IN THIS
AGREEMENT. IF NEXTGENNEWS DENIES CUSTOMER ACCESS TO THE SYSTEM
BECAUSE OF SUCH A VIOLATION, THE CUSTOMER SHALL HAVE NO RIGHT (1)
TO ACCESS THROUGH NEXTGENNEWS ANY MATERIALS STORED ON THE SYSTEM,
THE INTERNET OR USENET, (2) TO OBTAIN ANY CREDIT(S) OTHERWISE DUE
TO CUSTOMER, AND SUCH CREDIT(S) WILL BE FORFEITED, (3) TO ACCESS
THIRD PARTY SERVICES, MERCHANDISE OR INFORMATION ON THE SYSTEM, THE
INTERNET OR USENET THROUGH NEXTGENNEWS, AND NEXTGENNEWS SHALL HAVE
NO OBLIGATION TO NOTIFY ANY THIRD-PARTY PROVIDERS OF SERVICES,
MERCHANDISE OR INFORMATION NOR ANY RESPONSIBILITY FOR ANY
CONSEQUENCES RESULTING FROM LACK OF NOTIFICATION OR RESTRICTION OF
CUSTOMER'S ACCESS.

SECURITY. ACCESS TO THE SYSTEM, THE INTERNET OR USENET, AND TO
CERTAIN ONLINE TRANSACTIONS INVOLVES THE USE OF IDENTIFICATION
NUMBERS, PASSWORDS, CHARGE OR DEBIT ACCOUNTS OR OTHER
INDIVIDUALIZED NONPUBLIC INFORMATION ("PRIVATE DOCUMENTATION").
CUSTOMER SHALL USE ITS BEST EFFORTS TO PREVENT UNAUTHORIZED USE OF
THE SYSTEM OR OF ANY PRIVATE DOCUMENTATION, AND SHALL PROMPTLY
REPORT TO NEXTGENNEWS ANY SUSPECTED UNAUTHORIZED USE OR OTHER
BREACH OF SECURITY. CUSTOMER SHALL BE RESPONSIBLE FOR ANY
UNAUTHORIZED USE OF ITS IDENTIFICATION NUMBERS OR PASSWORDS UNTIL
NEXTGENNEWS RECEIVES WRITTEN NOTICE OF A BREACH OF SECURITY AND A
REQUEST TO BLOCK FURTHER ACCESS FOR SUCH NUMBERS AND PASSWORDS.
NEXTGENNEWS SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED USE OF CHARGE,
DEBIT OR OTHER CREDIT ACCOUNTS.

TERM AND TERMINATION. THIS AGREEMENT SHALL BE AUTOMATICALLY
RENEWED FOR SUCCESSIVE REQUESTED PERIODS, UNTIL CANCELED BY
CUSTOMER. NEXTGENNEWS SHALL HAVE THE RIGHT TO TERMINATE THIS
AGREEMENT IMMEDIATELY IN THE EVENT OF A BREACH OF ANY OF ITS TERMS
BY CUSTOMER OR WITHOUT CAUSE.

ENTIRE AGREEMENT; GUIDELINES. ALL PRIOR OR CONTEMPORANEOUS
AGREEMENTS, CONTRACTS, PROMISES, REPRESENTATIONS, IF ANY, BETWEEN
THE PARTIES OR THEIR REPRESENTATIVES RELATED TO THE SUBJECT MATTER
OF THIS AGREEMENT ARE MERGED INTO THIS AGREEMENT AND THE
APPLICATION FORM(S). THESE TERMS AND CONDITIONS, ALONG WITH ANY
OPERATING RULES OR GUIDELINES PUBLISHED OVER THE SYSTEM BY
NEXTGENNEWS, CONSTITUTE THE ENTIRE AGREEMENT BETWEEN NEXTGENNEWS
AND CUSTOMER WITH RESPECT TO THE SERVICES. NO AMENDMENT TO THIS
AGREEMENT SHALL BE EFFECTIVE UNLESS ACKNOWLEDGED IN WRITING BY
NEXTGENNEWS. CUSTOMER AGREES TO COMPLY WITH NEXTGENNEWS' OPERATING
RULES AND GUIDELINES, WHICH MAY BE AMENDED FROM TIME TO TIME AT
NEXTGENNEWS' SOLE DISCRETION.

GOVERNING LAW; JURISDICTION AND VENUE. THIS AGREEMENT SHALL BE
GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE
REPUBLIC OF SOUTH AFRICA, EXCLUSIVE OF CHOICE OF LAW RULES. VENUE
FOR ANY ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
SHALL BE IN CAPE TOWN, SOUTH AFRICA. THE PARTIES EACH HEREBY
CONSENT TO THE JURISDICTION AND VENUE IN CAPE TOWN AND WAIVE ANY
OBJECTIONS TO SUCH JURISDICTION AND VENUE.

ENFORCEABILITY. IF ANY PORTION OF THIS AGREEMENT IS WHOLLY OR
PARTIALLY UNENFORCEABLE, FOR ANY REASON, SUCH UNENFORCEABILITY
SHALL NOT AFFECT THE BALANCE HEREOF.

ASSIGNMENT. CUSTOMER MAY NOT ASSIGN ITS RIGHTS OR OBLIGATIONS
UNDER THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF
NEXTGENNEWS, WHICH MAY BE WITHHELD IN NEXTGENNEWS' SOLE
DISCRETION.

NO WAIVER. NEXTGENNEWS' FAILURE TO INSIST UPON OR ENFORCE ANY
PROVISION OF THIS AGREEMENT SHALL NOT BE CONSTRUED AS A WAIVER OF
ANY PROVISION OR RIGHT.

WRITTEN AGREEMENT. THIS AGREEMENT (AND ANY AMENDMENTS HERETO)
REPRESENTS A BINDING WRITTEN CONTRACT, WHETHER EXECUTED BY EACH
PARTY ON PAPER OR ACCEPTED BY ELECTRONIC COMMUNICATION.